Being Investigated but Not Charged: Why Waiting Can Destroy Your Defense

Some people believe that they don’t need a criminal defense lawyer until they are arrested or charged with a crime.

Unfortunately, that is not necessarily the case. 

Decisions you make before you get charged can impact your entire case. Whether you are facing allegations involving murder, assault charges, theft offenses, or another type of criminal case, the time before charges are filed can be crucial.

If you know (or even just suspect) that police are investigating you, waiting too long to contact an attorney can actually harm your defense. In some cases, it could mean the difference between being charged and having the charges dismissed before they are ever filed.

Investigations Can Begin Years Before Charges Are Filed

Contrary to what you may think from watching crime dramas on TV, most criminal cases do not start with an arrest. Investigations into alleged crimes often begin long before any charges are filed. Detectives, state investigators, and federal agents gather evidence, interview witnesses, and take statements from victims long before they make their first arrest.

You might learn about an investigation when you receive a phone call from a detective. You may be visited by police at your home or place of employment. A friend or family member might inform you that police have been asking questions. However you find out about the investigation, realize this: The police likely already have evidence they intend to use to build a case against you.

Don’t Waste Valuable Time By Doing Nothing 

Too many people make the mistake of doing nothing. They figure that if they just ignore the situation and wait it out, everything will blow over.

That rarely happens. 

When police begin investigating allegations of a crime, they are looking for information that can be used to file charges and convict you.

Police and investigators are not looking for reasons not to charge you. If there is exculpatory evidence out there that proves you did not commit a crime, they may not go looking for it or they may not find or preserve it. It will be up to you and your criminal defense attorney to discover that evidence and to try to preserve that evidence.

Witnesses relocate. Video footage gets erased. Phone records are lost. Humans forget. While there may be evidence out there that proves your innocence, it does not help you if no one preserves it before charges are filed.

Talking to the Police on Your Own Can Harm Your Case

One of the worst mistakes you can make is giving a statement to the police without first consulting an attorney. Even if you did nothing wrong and are completely innocent, you should not speak with police without first consulting an attorney.

Investigators are skilled at asking questions that may trap unsuspecting individuals into making statements that will later harm their defense. Even truthful statements can be taken out of context or used to paint you in a negative light.

In some cases, people wind up with additional charges as a result of their statements to the police. This is because they incriminated themselves while trying to explain their side of the story.

While you may be inclined to speak with investigators, it is usually not in your best interest to do so without first hiring a lawyer.

Contacting a Criminal Defense Lawyer Early Can Make a Huge Difference

When police begin investigating allegations against you, it might seem like there is nothing you can do to change the outcome of your case. That’s not always true. In some cases, contacting a criminal defense lawyer before you’re charged with a crime can make a big difference.

A skilled criminal defense attorney may be able to: 

• Speak with the investigators 
• Provide evidence that may exonerate you 
• Identify witnesses the police have overlooked 
• Correct any misunderstanding 
• Challenge false allegations 
• Protect you from unlawful questioning 
• Help you avoid violations of your rights during the investigation

Depending on the situation, your lawyer may be able to prevent prosecutors from filing charges. While your lawyer cannot guarantee a particular result, you should at least contact an attorney as soon as possible to discuss your legal options.

Evidence Is Lost as Time Passes 

Video recordings are routinely erased after a few days or weeks. Cell phone records and other electronic data can become more difficult to obtain over time. Witnesses can move, forget details, or become more difficult to locate.

The longer you wait to contact an attorney, the more evidence you might lose.

If your case involves a dispute about the facts, claims of self-defense, false accusations, unreliable witnesses, or mistaken identity, time can be the enemy. Waiting too long to seek legal representation can mean the difference between proof that supports your version of events and a “he said, she said” dispute.

You May Be Under Investigation for a More Serious Crime

Just because the police have not yet revealed their full hand doesn’t mean the investigation is not serious. In fact, people often make the mistake of thinking they are not really being investigated at all.

Don’t be fooled. When police and investigators have enough evidence to file criminal charges, they usually won’t tell you that in advance. By the time you find out about the investigation, it may be too late to uncover exculpatory evidence or realize the seriousness of your situation.

If the police obtain a search warrant for your home or car or if you receive a subpoena for documents or testimony, assume that the situation is serious.

Need a Criminal Defense Lawyer? Don’t Wait Until You Get Arrested 

Many people figure they will know when the time is right to hire a criminal defense lawyer. Think again. Once you learn about the investigation, you should consult an attorney immediately.

Don’t risk your future by waiting until it may be too late. When your freedom and reputation are on the line, waiting to hire a lawyer is likely the biggest mistake you can make. Contact us today to discuss your rights and options under the law.